5 U.S. Code § 5306 - Pay fixed by administrative action

(A)employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter;

(B)employees under the Architect of the Capitol, whose rates of pay are fixed under section
166b–3a [1] of title
40, and the Superintendent of Garages, House office buildings; and

(C)persons employed by the county committees established under section
590h(b) of title
16; and

(2)and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section
5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1);

may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section
5303 (or prior provision of law), by whichever of the following methods the appropriate authority concerned considers appropriate—

(i)by an amount or amounts not in excess of the pay adjustment provided under section
5303 for corresponding rates of pay in the appropriate schedule or scale of pay;

(ii)if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section
5303; or

(iii)in the case of minimum or maximum rates of pay, or monetary limitations of allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section
5303.

(b)An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate.

(c)This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices.

(d)This section does not impair any authority under which rates of pay may be fixed by administrative action.

(e)Pay may not be paid, by reason of any exercise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule.

Section
166b–3a of title
40, referred to in subsec. (a)(1)(B), means section 166b–3a of former Title 40, Public Buildings, Property, and Works, which was transferred to section
1848 of Title
2, The Congress.

The General Schedule, referred to in subsec. (a)(2), is set out under section
5332 of this title.

Level V of the Executive Schedule, referred to in subsec. (e), is set out in section
5316 of this title.

Amendment by Pub. L. 101–509effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section
529 [title III, § 305] of Pub. L. 101–509, set out as a note under section
5301 of this title.

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